BCC 298/2009

This case involved a tenancy agreement which had been signed by a judicial guardian. In such cases the stakeholders were required to commit to the contract.

Background

Two claimants filed a case against a defendant and requested the court to order the defendant to pay them back 4000 Dinars.

The court ruled a tenancy agreement should be dismissed and the defendant should pay the claimants 4000 Dinars.

The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendant appealed the ruling before the court of cassation and stated in their grounds of appeal the ruling had erred in the application of law because they had maintained before the court that they were not responsible for paying back the amount because they had rented the commercial property to the claimants for monthly rent of 1000 Dinars. The defendant stated that they had rented the commercial property as a judicial guardian who was appointed by the court.